[First Reprint]

ASSEMBLY, No. 394

 

STATE OF NEW JERSEY

 

PRE-FILED FOR INTRODUCTION IN THE 1996 SESSION

 

 

By Assemblywoman HECKand Assemblyman DeSOPO

 

 

An Act establishing an Office of the Ombudsman for the Disabled.

 

    Be It Enacted by the Senate and General Assembly of the State of New Jersey:

 

    1. As used in this act:

    "Office" means the Office of the Ombudsman for the Disabled established herein;

    "Ombudsman" means the administrator and chief executive officer of the Office of the Ombudsman for the Disabled.

 

    2. There is established in the Executive Branch of the State Government the Office of the Ombudsman for the Disabled. For the purposes of complying with the provisions of Article V, Section IV, paragraph 1 of the New Jersey Constitution, the Office of the Ombudsman for the Disabled is allocated to the Department of 1[the Public Advocate] Health,1 but, notwithstanding this allocation, the office shall be independent of any supervision or control by the department or by any board or officer thereof.

 

    3. The administrator and chief executive officer of the office is the ombudsman, who shall be a person qualified by training and experience to perform the duties of the office. The ombudsman shall be appointed by the Governor, with the advice and consent of the Senate, for a term of five years. The ombudsman shall devote his entire time to the duties of the position and shall receive a salary as provided by law. Any vacancy occurring in the position of ombudsman shall be filled in the same manner as the original appointment; except that if the ombudsman dies, resigns, becomes ineligible to serve for any reason, or is removed from office, the Governor shall appoint an acting ombudsman who shall serve until the appointment and qualification of the ombudsman's successor, but in no event longer than six months from the occurrence of the vacancy, and who shall exercise during the period all the powers and duties of the ombudsman pursuant to the provisions of this act.

 

    4. The ombudsman, as administrator and chief executive officer of the office, shall:

    a. Administer and organize the work of the office and establish those administrative subdivisions which the ombudsman may deem necessary, proper and expedient. The ombudsman may formulate and adopt procedures and prescribe duties for the efficient conduct of the business, work and general administration of the office and may delegate to subordinate officers or employees in the office the power which the ombudsman may deem desirable to be exercised under the ombudsman's supervision and control;

    b. Appoint and remove the stenographic, clerical and other secretarial assistants that are required for the proper conduct of the office, subject to the provisions of Title 11A (Civil Service) of the New Jersey Statutes, and other applicable statutes, and within the limits of funds appropriated or otherwise made available therefor. In addition, and within these funding limits, the ombudsman may appoint, or employ, without regard to the provisions of Title 11A (Civil Service), or any other statutes, the experts, consultants or other professionally qualified personnel on a contract basis or otherwise that the ombudsman deems necessary;

    c. Appoint and employ, notwithstanding the provisions of P.L.1944, c.20 (C.52:17A-1 et seq.) to the contrary, a general counsel and other attorneys or counsel that the ombudsman may require, for the purpose, among other things, of providing legal advice on matters which the ombudsman may from time to time require, of attending to and dealing with all litigation, controversies and legal matters in which the office may be a party or in which its rights and interests may be involved, and of representing the office in all proceedings or actions of any kind which may be brought for or against it in any court of this State. With respect to all of the foregoing, the counsel and attorneys are independent of any supervision or control by the Attorney General or by the Department of Law and Public Safety, or by any division or officer thereof;

    d. Maintain suitable headquarters for the office and other quarters which the ombudsman shall deem necessary to the proper functioning of the office;

    e. Solicit and accept grants of funds from the federal government and from other public and any private sources for any of the purposes of this act, except that these funds shall be expended only pursuant to an appropriation made by law;

    f. Perform other functions which may be prescribed in this act or by any other law.

 

    5. a. The office shall monitor State agencies which provide services to individuals with disabilities; serve as an advocate for individuals with disabilities when accessing services provided by the State and provide an articulate voice for the needs of the disabled; and disseminate information to the public regarding the unique problems facing individuals with disabilities.

    b. The office shall, at a minimum, provide the following services:

    (1) Outreach services to the public to encourage greater access to services provided by government agencies;

    (2) Referrals to appropriate social services and health care agencies throughout the State;

    (3) Assistance, as requested, in arranging health, social and rehabilitative services;

    (4) Representation in appealing the decisions of State agencies denying appropriate services to individuals with disabilities; and

    (5) The maintenance of a toll-free telephone number.

 

    6. The office shall report to the Governor and the Legislature on or before September 30 of each year, which report shall: summarize its activities for the preceding fiscal year; document the significant problems affecting individuals with disabilities when accessing public services; indicate and analyze the trends in the systems of care and services for individuals with disabilities; and set forth any recommendations which will further the State's capacity in advocating for the rights of the disabled, including suggestions or recommendations for legislative consideration and for changes in the policy or rules and regulations of government agencies.

 

    7. Subject to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), the ombudsman shall adopt all rules and regulations necessary to effectuate the purposes of this act.

 

    8. This act shall take effect immediately.

 

 

 

Establishes an Office of the Ombudsman for the Disabled.